Criminal responsibility

刑事责任
  • 文章类型: Journal Article
    许多国家的刑事立法中隐藏着一个共识,即未成年犯的刑事责任能力与同龄人没有显着差异。本文的目的是检验这一假设。本文的研究对象是J省187名未成年犯,中国,被拘留的人,和2449名初中学生,以S省的高中和大学为比较对象。我们对收集的材料进行独立样本t检验和单向方差分析(ANOVA)。
    (1)少年犯的自我控制能力(109.30,123.59)和移情能力(63.86,72.45)与普通未成年人有显著差异,辩证思维能力差异无统计学意义;(2)除了母亲的文化程度和家庭收入对辩证思维能力的影响,其他变量对三种能力无统计学意义。因此,有人建议,少年犯的矫正计划和手段应侧重于自我控制能力和移情能力的提高。
    UNASSIGNED: There is a consensus hidden in the criminal legislation of many countries that the criminal responsibility capacity of juvenile offenders is not significantly different from that of their peers. The purpose of this paper was to test this hypothesis. The research objects of this paper were 187 juvenile offenders in J Province, China, who are under detention measures, and 2,449 students from junior high school, senior high school and university in S Province as comparison objects. We subjected the gathered materials to independent-samples t-tests and one-way analysis of variance (ANOVA).
    UNASSIGNED: (1) The self-control ability (109.30, 123.59) and empathy ability (63.86, 72.45) of juvenile offenders were significantly different from those of ordinary minors, but the difference of dialectical thinking ability was not statistically significant; (2) Except for the influence of mother\'s education level and family income on dialectical thinking ability, the other variables had no statistical significance on the three kinds of ability. Therefore, it was suggested that the correction plan and means for juvenile offenders should focus on the improvement of self-control ability and empathy ability.
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  • 文章类型: Journal Article
    国际上参与法医精神卫生系统的妇女人数正在增加,然而,有限的研究探索了被评估为刑事责任的人的特征。我们调查了人口统计,精神病学,以及在加拿大中部进行刑事责任评估后,由于精神障碍被推荐为有资格或没有资格为无刑事责任(NCR)辩护的妇女的犯罪学特征。数据是通过回顾性图表审查收集的,对2003年至2019年期间提交评估的109名妇女进行了法院命令的刑事责任评估。被告平均年龄34.55岁,主要被确定为土著(37.7%)或高加索(20.8%),并经常被指控攻击(47.7%)。报告中确定为符合NCR资格的妇女更有可能被雇用,在索引违规期间经历妄想,并有专家报告将他们的心理健康症状与NCR法律标准联系起来。他们也不太可能有人格障碍,物质相关诊断,或在索引违规期间使用过物质。指标违规期间的错觉在控制评估顺序的年龄时显著预测了评估建议,当前与物质相关的诊断,以及专家报告是否将心理健康症状与NCR法律标准联系起来。调查结果表明,法医心理健康专业人员在对妇女进行刑事责任评估时考虑的关键因素。确定为符合NCR资格和不符合资格的妇女之间存在有意义的差异,研究结果表明,谁可能更有可能在加拿大法医心理健康系统中接受服务。
    The number of women involved with forensic mental health systems internationally is rising, however, limited research has explored the characteristics of those assessed for criminal responsibility. We investigated the demographic, psychiatric, and criminological characteristics of women recommended as eligible or ineligible for the defence of Not Criminally Responsible (NCR) on account of mental disorder following a criminal responsibility assessment in Central Canada. Data were collected through retrospective chart reviews of court-ordered criminal responsibility assessments for 109 women referred for evaluations between 2003 and 2019. Accused were an average age of 34.55 years, predominately identified as Indigenous (37.7%) or Caucasian (20.8%), and had often been charged with assault (47.7%). Women identified in the reports as NCR-eligible were significantly more likely to be employed, experience delusions during the index offence, and have expert reports linking their mental health symptoms to NCR legal criteria. They were also significantly less likely to have a personality disorder, substance-related diagnosis, or have used substances during the index offence. Delusions during the index offence significantly predicted assessment recommendations when controlling for age at assessment order, current substance-related diagnosis, and whether the expert report linked mental health symptoms to NCR legal criteria. Findings indicate the key factors considered by forensic mental health professionals when conducting criminal responsibility assessments with women. Meaningful differences exist between women identified as NCR-eligible and ineligible, with findings illustrating who may be more likely to receive services within the Canadian forensic mental health system.
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  • 文章类型: Journal Article
    目的:本研究旨在比较罪犯,社会人口统计学和临床特征,亲热行为,性态度,性别观念,以及被评估犯有强奸成人和儿童刑事责任的人的与强奸有关的信念。
    方法:该研究比较了40名成年人因强奸罪(RAA)被调查的刑事责任和40名儿童强奸罪(RAC)被调查的刑事责任,43岁,使用DSM-5障碍的结构化临床访谈表格,性别和教育匹配没有任何性犯罪史的个体,亨德里克简短性态度量表,性别感知量表,伊利诺伊州强奸神话接受量表,和Barratt冲动性量表-11。
    结果:所有参与者均为男性。在终生或现有的精神疾病方面,两组之间没有差异。所有参与者在犯罪期间都负有全部刑事责任。任何一组的参与者都没有被诊断出患有亲合性障碍。确定RAC和RAA组的人都倾向于使用性行为作为工具,对节育方法的关注较少,对性别的平等主义认识要少得多,与对照组相比,他们对强奸的误解明显更高。对照组比性犯罪者更冲动。
    结论:我们的研究结果表明,性侵犯的行为不应仅由冲动性或精神疾病来解释,性别观念和性神话也可能有影响力。所有个人都负有全部刑事责任这一事实强调,需要对性暴力的社会和文化根源进行更多研究。
    OBJECTIVE: This study aimed to compare the criminal, sociodemographic and clinical characteristics, paraphilic behaviors, sexual attitudes, gender perceptions, and rape-related beliefs of people assessed for criminal liability for rape against adults and children.
    METHODS: The study compared 40 people investigated for criminal liability for rape against an adult (RAA) with 40 individuals investigated for criminal liability for crime of rape against a child (RAC), and 43 age, sex and education matched individuals without any sexual crime history using the Structured Clinical Interview form for DSM-5 disorders, Hendrick Brief Sexual Attitude Scale, Gender Perception Scale, Illinois Rape Myth Acceptance Scale, and Barratt Impulsiveness Scale-11.
    RESULTS: All participants were male. There was no difference between the groups in terms of lifelong or existing psychiatric diseases. All participants had full criminal responsibility during the crime. No participant in any group was diagnosed with a paraphilic disorder. It was determined that people in both RAC and RAA groups tended to use sexuality as a tool, paid less attention to birth control methods, had a far less egalitarian perception of gender, and their myths about rape were significantly higher compared to the control group. The control group was much more impulsive than the sex offenders.
    CONCLUSIONS: Our results show that the act of sexual assault should not be explained only by impulsivity or psychiatric disorders, and that gender perception and sexual myths may also be influential. The fact that all individuals had full criminal responsibility emphasizes the need for more research on the social and cultural origins of sexual violence.
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  • 文章类型: Journal Article
    This study aimed to scrutinize the characteristics of immigrant and refugee offenders within our institution, focusing on factors such as immigrant status, country of birth, duration of residence in Turkey, as well as psychiatric, socio-demographic, and criminal profiles. The data were obtained through a retrospective examination of case records referred to the Observation Department of the Council of Forensic Medicine for the assessment of criminal responsibility between 2017 and 2022. The study categorized the cases into two groups: refugees and immigrants, comprising 35 and 22 offenders, respectively. Significant differences in educational levels were identified between immigrants and refugees within our study group (p < .001). Notably, drug use disorders were more prevalent among refugees, whereas alcohol use disorders were more common among immigrants, with statistical significance (p < .005). During forensic psychiatric assessments, 57.1% of refugees and 54.5% of immigrants required interpretation services. The most prevalent offense in the refugee group was homicide (37.1%), followed by child sexual abuse (28.6%). In contrast, homicide (31.8%) and theft and extortion (22.7%) were the most common offenses for the immigrant group. Six cases (10.5%) were judged to have reduced or no criminal liability. Among the cases, 52.6% had a history of prior outpatient psychiatric referrals, with the most frequent diagnosis being atypical psychosis at 10.5%. The findings underscore the necessity for additional research and targeted interventions to address the mental health and criminological complexities confronted by this vulnerable population.
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  • 文章类型: Journal Article
    否则会被视为犯罪行为的行为,但发生在睡眠障碍的背景下,对传统刑事责任法律原则的适用提出了挑战。确定在这种行为中存在的意识程度是确定刑事责任的必要步骤。历史上,无意识的法律辩护理论,自动机,精神错乱被提出来否定与失眠症相关行为的罪魁祸首。因此,在刑事指控的背景下,对睡眠障碍的适当评估对于协助司法系统的功能至关重要。本文回顾了与法律传统相关的原则,专家评估,以及与犯罪行为和睡眠障碍有关的专家证词要素。
    Behaviors that would otherwise be considered criminal acts, but occur in the context of a sleep disorder, pose challenges to the traditional application of legal principles of criminal responsibility. Determining the degree to which consciousness is present during such behaviors becomes a necessary step in assigning criminal culpability. Historically, legal defense theories of unconsciousness, automatism, and insanity have been raised to negate culpability for parasomnia related behaviors. Accordingly, proper assessment of sleep disorders in the context of criminal charges becomes critical in assisting the functions of the justice system. This article reviews principles related to the legal tradition, expert assessment, and elements of expert testimony related to criminal behaviors and sleep disorders.
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  • 文章类型: Journal Article
    目的:主要目的是对突厥基耶和俄罗斯的样本中的杀人案件及其精神病患者进行比较分析,以阐明上下文的异同,并提供新颖的视角来加强这一领域的国际研究。
    方法:这项跨国回顾性研究,在伊斯坦布尔的法医精神病中心进行,Turkiye,还有Chuvashia,俄罗斯,涉及2012年12月至2022年12月期间被认为对索引杀人罪无刑事责任的精神病患者(ICD-10F20-F29)。样本包括92名土耳其患者和29名俄罗斯患者,他们进行了背景比较,临床特征,和每一个杀人行为。
    结果:二元分析显示,俄罗斯受试者受教育程度更高,一生中有更多的自杀企图,病程较长,熟人更频繁地成为受害者,更高的钝性创伤性凶杀率,酒精或物质中毒的发生率更高,与土耳其同行相比,指数凶杀案发生时的妄想发生率较低。多变量分析表明,更多年的教育,一生中自杀企图的频率更高,在凶杀案发生时,较高的中毒发生率和较低的妄想发生率与属于俄罗斯人群有关.
    结论:尽管有一些相似之处,两个样本之间的显着差异强调了国际研究在增强我们对心理健康的理解方面的重要性,社会文化背景下的杀人犯和罪犯特征。
    OBJECTIVE: The primary objective was to conduct a comparative analysis of homicide cases and their perpetrators with psychotic illnesses in samples from Turkiye and Russia to elucidate contextual similarities and differences, and providing novel perspectives to enhance international research in this field.
    METHODS: This cross-national retrospective study, conducted at forensic psychiatric centers in Istanbul, Turkiye, and Chuvashia, Russia, involved individuals with psychotic illnesses (ICD-10 F20-F29) who were deemed criminally non-responsible for index homicide offenses between December 2012 and December 2022. The sample included 92 Turkish patients and 29 Russian patients who were compared for background, clinical characteristics, and each homicidal act.
    RESULTS: Binary analyses revealed that Russian subjects were more educated, had more lifetime suicide attempts, longer illness duration, had acquaintances as victims more frequently, higher rates of blunt traumatic homicides, higher rates of intoxication with alcohol or substances, and lower rates of experiencing delusions at the time of the index homicide compared to their Turkish counterparts. Multivariate analyses indicated that more years of education, a greater frequency of lifetime suicide attempts, higher prevalence of intoxication and a lower rate of delusions at the time of the homicide were associated with belonging to the Russian group.
    CONCLUSIONS: Despite several similarities, the remarkable differences between the two samples underscore the importance of international research in enhancing our understanding of mental health, homicidal offense and offender characteristics in the sociocultural context.
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  • 文章类型: Journal Article
    目的:本研究旨在分析一个(n=65)少年杀人/未遂杀人案件的精神病,人口统计学,犯罪特征,智商分数,和罗夏检验(如果有的话)的特点和关于刑事责任的决定。
    方法:通过回顾性图表审查收集了犯罪时年龄在12至18岁之间的病例,他们被转介到法医学委员会观察部门(AdliTipKurumuBaskanligi,GözlemñhtisasDairesi),用于确定2014年至2019年之间的刑事责任,并根据法律对其住院状态进行了评估。
    结果:有65名少年杀人犯/未遂杀人犯(7名女性,58男)。在7起案件中发现了减轻或没有刑事责任(10.7%)。我们分别在21.5%和16.9%的病例中发现了最近和过去的创伤。酒精或非法药物使用障碍的百分比为35.4%。在我们的38.5%的病例中发现了非自杀性自我伤害,其中6.4%的人同时有自杀企图。我们的大多数案件(55.4%)在犯罪时既没有就业也没有接受教育。
    结论:青少年杀人犯/未遂杀人犯是一个异质组。严重精神疾病的发生率很低。学校和工作功能很低。反社会人格特质,酒精/物质使用障碍,过去和最近的创伤,情绪调节问题,糟糕的学校和工作功能似乎对这种严重犯罪的发展很重要。
    OBJECTIVE: This study aimed to analyze a sample (n = 65) of juvenile homicide/attempted homicide cases in terms of psychiatric, demographic, criminal characteristics, IQ scores, and Rorschach test (where available) characteristics and decisions on criminal responsibility.
    METHODS: Data were collected through a retrospective chart review of cases between the ages of 12 and 18 at the time of the offense, who were referred to the Observation Department of the Council of Forensic Medicine (Adli Tip Kurumu Baskanligi, Gözlem İhtisas Dairesi) for determination of criminal responsibility between 2014 and 2019 and who were assessed under inpatient status by law.
    RESULTS: There were 65 juvenile homicide/attempted homicide offenders (7 female, 58 male). Reduced or no criminal liability was found in seven cases (10.7 %). Recent and past trauma was found in 21.5 % and 16.9 % of our cases respectively. The percentage of alcohol or illicit drug use disorder was 35.4 %. Non-suicidal self-injury was found in 38.5 % of our cases, and 6.4 % of these had a concurrent suicide attempt. Most of our cases (55.4 %) were neither in employment nor in education at the time of the offense.
    CONCLUSIONS: The juvenile homicide/attempted homicide offenders were a heterogeneous group. Rates of serious mental illness were low. School and working functionality were low. Antisocial personality traits, alcohol/substance use disorders, past and recent trauma, emotional regulation problems, and poor school and work functioning appear to be important in the development of this serious offending.
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  • 文章类型: Case Reports
    背景:刑事责任评估是法医精神病学中最具争议和争议的问题之一。尽管建议了明确的程序,法医精神病学家对决策过程的研究很少。我们提出了一个案例,评估了一名凶手的刑事责任,该凶手因氯仿中毒和吸毒后的性侵犯而窒息致死。
    方法:A.S.,一位30岁的女性,被发现死在S.P.家,一个50岁的男性.S.P.叙述了通过强制吸入氯仿杀死A.S.的说法,当女性在无意摄入唑吡坦后出现感觉模糊时,催眠剂.采取了多学科方法来解决此案。尸检,组织学,遗传,毒理学检查由法医病理学家进行,而数字法医检验员分析了电子设备。三名法医精神病学家和两名心理学家被要求评估犯罪时S.P.的精神状态。
    结论:A.S.的死因被确定为唑吡坦引起的意识改变中致命的氯仿中毒,同时也描述了杀人窒息。移动取证证明S.P.对犯罪现场进行了录像,清楚地表明A.S.在死前曾被S.P.性侵犯。通过各种心理测试和对被告的七次面谈,评估了S.P.的刑事责任,每次平均持续180分钟。专家得出结论,S.P.不能免除对凶杀案的责任。
    BACKGROUND: Criminal responsibility evaluation represents one of the most controversial and debated issues in forensic psychiatry. Although clear procedures have been recommended, little research exists on decision-making process by forensic psychiatrists. We present a case assessing the criminal responsibility of a murderer who committed femicide as a result of chloroform poisoning and suffocation after a drug-facilitated sexual assault.
    METHODS: A.S., a 30-year-old female, was found dead in the home of S.P., a 50-year-old male. S.P. recounted killing A.S. by forced inhalation of chloroform, when the woman had experienced sensory clouding following unintentional ingestion of Zolpidem, a hypnotic agent. A multidisciplinary approach was taken to resolve the case. Autopsy, histological, genetic, and toxicological examinations were performed by a forensic pathologist, while a digital forensic examiner analysed electronic devices. A pool of three forensic psychiatrists and two psychologists was asked to assess the mental state of S.P. at the time of the crime.
    CONCLUSIONS: The cause of death of A.S. was identified as a lethal chloroform intoxication in altered consciousness caused by Zolpidem, while homicidal suffocation was also described. Mobile forensics demonstrated that S.P. had videotaped the crime scene, clearly revealing that A.S. had been sexually assaulted by S.P. before dying. Criminal responsibility of S.P. was evaluated through various psychological tests and seven interviews with the accused, each lasting an average of 180 min. Specialists concluded that S.P. could not be exempted from being responsible for the homicide.
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  • 文章类型: Review
    患有神经精神疾病的人对刑事司法系统中的法医专家和辩护律师提出了特定和独特的挑战。本文回顾了两种潜在的刑事辩护:法律上的精神错乱以及在整个美国的司法管辖区中使用的各种法律标准或刑事责任测试(即,M'Naghten标准和美国法律研究所的示范刑法典),以及对能力下降的部分法律辩护(缺乏被认定犯有特定意图罪所必需的精神状态)。评估刑事责任或能力下降的过程也特别强调了在评估患有智力发育障碍(智力残疾)的被告时出现的常见问题,Parasninas,癫痫发作,和神经认知障碍。
    Persons with neuropsychiatric disorders present specific and unique challenges for forensic experts and defense attorneys in the criminal justice system. This article reviews two potential criminal defenses: legal insanity and the various legal standards or tests of criminal responsibility that are used in jurisdictions throughout the United States (i.e., the M\'Naghten standard and the American Law Institute\'s Model Penal Code), and the partial legal defense of diminished capacity (lacking the mental state necessary to be found guilty of a specific intent crime). The process of evaluating criminal responsibility or diminished capacity is also presented with a specific emphasis on common issues that arise in evaluating defendants with Intellectual Developmental Disorder (Intellectual Disability), Parasomnias, Seizure Disorders, and Neurocognitive Disorders.
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  • 文章类型: Review
    本文回顾了全球18个大陆法系司法管辖区减少刑事责任的法律框架-巴西,智利,中国,捷克共和国,芬兰,法国,德国,希腊,意大利,Japan,卢森堡,波兰,葡萄牙,俄罗斯,西班牙,瑞士,台湾,和土耳其。具体来说,它报告了部分责任的法律标准和主要特征,相关的罚款减少,以及部分责任认定后的潜在倾向。它还调查了与无刑事责任相比,责任减少的普遍性的经验数据。这篇文章,它反映了当代的刑法,并借鉴了英语和非英语的来源,是编制这些部分责任标准或描述其精确量刑后果的唯一已知现有来源。这也是唯一已知的英语来源来描述葡萄牙和智利对责任减少的待遇。提供近20个国家已毕业的责任的比较概述,邀请全球讨论社会是否以及如何承认部分责任,以及应该伴随这一发现的惩罚和治疗后果。
    This article reviews the legal frameworks of diminished criminal responsibility in eighteen civil law jurisdictions across the globe-Brazil, Chile, China, the Czech Republic, Finland, France, Germany, Greece, Italy, Japan, Luxembourg, Poland, Portugal, Russia, Spain, Switzerland, Taiwan, and Turkey. Specifically, it reports the legal standards and main features of partial responsibility, associated penalty reductions, and potential dispositions following a partial responsibility finding. It also surveys empirical data on the prevalence of diminished responsibility as compared to criminal nonresponsibility. This article, which reflects contemporary penal codes and draws from both English and non-English sources, is the only known existing source to compile these partial responsibility standards or to delineate their precise sentencing consequences. It is also the only known source in English to describe Portugal\'s and Chile\'s treatment of diminished responsibility. Providing a comparative overview of graduated responsibility in nearly twenty countries invites global discussion on whether and how society should recognize partial responsibility, as well as the punitive and therapeutic consequences that should attend this finding.
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